There are several defenses against a common law action to enforce a foreign judgment, including:
1. Lack of jurisdiction: The foreign court may not have had jurisdiction over the parties or the
subject matter of the dispute, which would make the judgment unenforceable.
2. Due process violations: The foreign judgment may have been obtained in violation of the
defendant's right to due process, such as by failing to provide proper notice or an
opportunity to be heard.
3. Public policy: The foreign judgment may be against the public policy of the country where
enforcement is sought, such as if it violates fundamental principles of justice or human
rights.
4. Fraud: The foreign judgment may have been obtained by fraud, such as by presenting false
evidence or bribing a judge.
5. Res judicata: The judgment may already have been considered by a court of competent
jurisdiction and therefore the action is barred.
6. Collateral attack: The defendant may be able to challenge the foreign judgment in the
enforcement action, even if they did not raise any objections in the original proceedings.
7. Immunity: The defendant may be immune from the jurisdiction of the foreign court, such as
if they are a foreign state or a foreign state-controlled entity.
8. Statute of limitation: The action to enforce the foreign judgment may be barred by the
statute of limitation
9. Reciprocity: Recognition and enforcement of the foreign judgment may be subject to
reciprocity arrangements, where the country where enforcement is sought only recognizes
and enforces judgments from countries that also recognize and enforce their own
judgments.